Shambhu Sah @ Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35420 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Shambhu Sah @ Shambhu Kumar S/o Hari Shankar sah Resident of village - Baraipatti, P.S.- Jadopur, Distt.- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mili Kumari, Adv.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jadopur P.S. Case No. 57 of 2025, dated 03.04.2025 instituted for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per prosecution story, 117.00 liters of illicit liquor recovered from the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has clean antecedent and he is in custody since 03.04.2025. It is further submitted that he has got no concern with the motorcycle in question or the liquor recovered from it and the place of alleged recovery is the bank of river, an open and lonely place.

Patna High Court CR. MISC. No.35420 of 2025(2) dt.29-05-2025 2/2

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XII-cumSpecial Judge-Excise-I, Gopalganj, in connection with Jadopur P.S. Case No. 57 of 2025, on further conditions: (i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Rajiv/- U T